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Federal Judge: Type of Mail For Indiana Inmates Can’t Be Restricted

By Barbara Brosher, IPB News | Published on in Crime, Law, Statewide News
(Photo: Public Domain)

A federal judge says the Indiana Department of Correction can’t enforce a policy that restricts what type of mail inmates can receive and issued a preliminary injunction this week.   As Indiana Public Broadcasting’s Barbara Brosher reports, the state agency has regulated inmate mail from anyone but attorneys since March of 2017.

The most recent version of the rules stipulates any correspondence must come in a plain white envelope, and be on plain white, lined paper. That includes photos and printed articles.

The DOC says the rule makes it easier for prison staff to determine whether any liquid narcotics are concealed in the paper.

The ACLU of Indiana is representing DOC inmates in the class action lawsuit.

Legal Director Ken Falk says the policy violates their First Amendment rights.

“They do have a right to receive information when there is no legitimate penological reason to restrict that.”

Falk says they’ve heard from hundreds of inmates and their families who say the policy is making it hard to communicate. That includes one inmate who’s representing himself in a divorce.

“One prisoner is involved in a divorce pro se, by himself. He went to the institution’s law library and go the forms and drew up the paperwork, sent it to his wife so she could sign off on it. She sent it back so it could be filed and it couldn’t come in because it wasn’t on original white, lined paper”

The injunction will take effect in 30 days.

A spokesperson for the DOC says its legal team is reviewing the judge’s decision.